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DEPARTMENT OF COMMUNITY AFFAIRS vs PUTNAM COUNTY, 07-003773GM (2007)

Court: Division of Administrative Hearings, Florida Number: 07-003773GM Visitors: 12
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: PUTNAM COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Palatka, Florida
Filed: Aug. 22, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, May 9, 2008.

Latest Update: Jun. 01, 2024
FINAL ORDER No. DCAQ8-GM-141 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, and PUTNAM COUNTY ENVIRONMENTAL COUNCIL, INC., FLORIDA WILDLIFE FEDERATION, INC., LAWRENCE TILTON, ST. JOHNS COUNTY, and TOWN OF HASTINGS, Intervenors, vs. PUTNAM COUNTY, Respondent, and ASCOT POMMES, LLC, Intervenor. FINAL ORDER a % of & % 5 ea Ci, “an % gh, Ge ED tee, Lise, 7 Esto "Ga OA a DOAH Case No. 07-3773GM This cause is before the Department of Community Affairs on an Order Closing File, Exhibit A. On June 12, a copy of which is appended hereto as 2007, Respondent Putnam County adopted an amendment to its comprehensive plan by Ordinance No. 2007-14 (Amendment) . The Department reviewed the Amendment, determined that it did not meet the criteria for compliance set forth in FINAL ORDER No. DCA08-GM-141 Section 163.3184 (1) (b), Florida Statutes, and caused to be published a Notice of Intent to find the Amendment not “in compliance.” The Department then instituted this administrative proceeding against the County pursuant to Section 163.3184 (10), Florida Statutes. On April 22, 2008, the County repealed the Amendment by Ordinance No. 2008-09. By virtue of this rescission, the instant controversy has been rendered moot and this proceeding must be dismissed. See Department of Highway Safety & Motor Vehicles v. Heredia, 520 So. 2d 61 (Fla. 3d DCA 1988) (dismissing case on appeal as moot where suspension of driver's license was rescinded by the Department) . ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the Agency Clerk is directed to close the file. DONE AND ORDERED this day in Tallahassee, Florida. General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER No. DCA08-GM-141 NOTICE OF RIGHTS Sa et RS EACH PARTY IS HEREBY ADVISED OF ITS RIGHT TO SEEK JUDICIAL REVIEW OF THIS FINAL ORDER PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND FLORIDA RULES OF APPELLATE PROCEDURE 9.030 (b) (1)®) AND 9.110. BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100, WITHIN 30 DAYS oF THE DAY THIS ORDER IS FILED WITH THE AGENCY CLERK. THE NOTICE OF APPEAL MUST BE SUBSTANTIALLY IN THE FORM PRESCRIBED BY FLORIDA YOU WAIVE YOUR RIGHT To JUDICIAL REVIEW IF THE NOTICE OF APPEAL IS NOT TIMELY FILED WITH THE AGENCY CLERK AND THE APPROPRIATE DISTRICT COURT OF APPEAL. MEDIATION UNDER SECTION 120.573, FLA. STAT., IS NOT AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER. 3 0f 5 FINAL ORDER No. DCA08-GM-141 CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing has been filed with the undersigned Agency Clerk of the Department of Community Affairs, and that true and correct copies have been furnished by U.S. Mail to each of the persons listed below on this [274 say of , 2008. Paula Ford Agency Clerk By U.S. Mail The Honorable Donald R. Alexander Administrative Law Judge Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Russell D. Castleberry, Esquire County Attorney 518 St. Johns Avenue Post Office Box 758 Palatka, Florida 32178-0758 Thomas W. Reese, Esquire 2951 61st Avenue South St. Petersburg, Florida 33712-4539 Michael Ww. Woodward, Esquire Keyser & Woodward, P.A. Post Office Box 92 Interlachen, Florida 32148-0092 4 of 5 Gary P. Sams, Esquire Frank Matthews, Esquire Hopping, Green & Sams, P.A, 123 South Calhoun Street Post Office Box 6526 Tallahassee, Florida 32314-6526 Patrick F. McCormack, Esquire St. Johns County Attorney's Office 4020 Lewis Speedway St. Augustine, Florida 32084 Geoffrey B. Dobson, Esquire Geoffrey B. Dobson, P.A. 93 Orange Street St. Augustine, Florida 32084-3590 By Hand Delivery Lynette Norr Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 5 of 5 FINAL ORDER No. DCA08-GM-141

Docket for Case No: 07-003773GM
Issue Date Proceedings
May 14, 2008 Final Order filed.
May 09, 2008 Order Closing File. CASE CLOSED.
May 08, 2008 Amended Suggestion of Mootness and Request to Relinquish Jurisdiction filed.
May 08, 2008 Suggestion of Mootness and Request to Relinquish Jurisdiction filed.
Apr. 30, 2008 Order Placing Case in Abeyance (parties to advise status by June 2, 2008).
Apr. 29, 2008 Status Report filed.
Mar. 12, 2008 Order Canceling Hearing.
Mar. 11, 2008 Notice of Intent to Repeal filed.
Feb. 28, 2008 Intervenor Ascot Pommes LLC`s Notice of Conditional Withdrawal filed.
Feb. 25, 2008 Petitioner Department of Community Affairs` Status Report and Motion to Consolidate Cases for Discovery and Hearing filed.
Feb. 08, 2008 Intervenor Ascot Pommes, LLC`s Motion for Continuance and Extension of Time to Respond to Outstanding Discovery (Intervenor, Ascot Pommes, LLC`s Response to FWF`s First Set of Discovery Requests) filed.
Jan. 31, 2008 Department of Community Affairs` Notice of Unavailability filed.
Dec. 17, 2007 Order (request for an extension of time to respond to discovery is granted, and unless the parties agree otherwise, or good cause is shown, the County and movant shall have until forty-five days prior to the scheduled hearing, or February 8, 2008, in which to respond to FWF`s discovery).
Dec. 12, 2007 Putnam County Environmental Council, Inc.`s Objection to Respondent`s Motion for Extension of Time Beyond the Week of March 17 filed.
Dec. 12, 2007 Lawrence Tilton`s Objection to Respondent`s Motion for Extension of Time Beyond the Week of March 17 filed.
Dec. 10, 2007 FWF`s Opposition to Respondents` Motion to Extension of Time Beyod the Week of March 17 filed.
Dec. 03, 2007 Notice of Address Change filed.
Nov. 28, 2007 Joinder of Putnam County to Ascot Ponnes, LLC`s Motion for Continuance and Extension of Time to Respond to Outstanding Discovery filed.
Nov. 27, 2007 Intervenor Ascot Pommes, LLC`s Motion for Continuance and Extension of Time to Respond to Outstanding Discovery filed.
Nov. 27, 2007 Notice of Appearance for Frank Matthews on Behalf of Intervenor Ascot Pommes, LLC.
Nov. 19, 2007 Order (Volusia County`s Motion to Vacate Order Granting Volusia County Intervenor Status is granted).
Nov. 16, 2007 County of Volusia`s Motion to Vacate Order Granting Volusia County Intervenor Status filed.
Nov. 13, 2007 Order (Volusia County is granted Intervenor status).
Nov. 01, 2007 FWF`s Notice of Service of Discovery Requests filed.
Oct. 15, 2007 Department of Community Affairs` Notice of Unavailability filed.
Oct. 02, 2007 Order (Town of Hastings is granted Intervenor status).
Sep. 27, 2007 Petition for Leave to Intervene (Town of Hastings) filed.
Sep. 10, 2007 Order of Pre-hearing Instructions.
Sep. 10, 2007 Notice of Hearing (hearing set for January 15 through 17, 2008; 1:00 p.m.; Palatka, FL).
Sep. 10, 2007 Order (Lawrence Tilton and St. Johns County are granted Intervenor status).
Sep. 06, 2007 Petition for Administrative Review (St. Johns County, Florida) filed.
Sep. 06, 2007 Letter to C. Llado from C. Norman regarding enclosed Petition for Review filed.
Sep. 05, 2007 Amended Petition to Intervene filed.
Sep. 05, 2007 Supplement to Response to Initial Order Suggesting Dates for Final Hearing filed.
Sep. 05, 2007 Petition to Intervene (L. Tilton) filed.
Aug. 30, 2007 Order (granting Unopposed Request for Extension of Time to Provide Dates for Hearing).
Aug. 29, 2007 Response to Initial Order and Request for Extension of Time to Provide Dates for Hearing filed.
Aug. 29, 2007 Order (Ascot Pommes, LLC granted Intervenor status).
Aug. 28, 2007 Petition for Leave to Intervene in Alignment with Respondent Putnam County (Ascot Pommes, LLC).
Aug. 24, 2007 Order (Putnam County Environmental Council, Inc. and Florida Wildlife Federation, Inc. are granted Intervenor status).
Aug. 23, 2007 Petition to Intervene (Putnam County Environmental Council) filed.
Aug. 22, 2007 Initial Order.
Aug. 22, 2007 Petition for Leave to Intervene as Petitioners-in-Intervention (filed by Florida Wildlife Federation.)
Aug. 22, 2007 Notice of Intent to Find the Putnam County Comprehensive Plan Amendment Not in Compliance filed.
Aug. 22, 2007 Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
Aug. 22, 2007 Department of Community Affairs` Petition for Formal Administrative Hearing filed.
Source:  Florida - Division of Administrative Hearings

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